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A summary of The Financial Conduct Authority v Arch Insurance and Others (UK) Case

In the United Kingdom, the Financial Conduct Authority (“FCA”) representing policyholders, brought a test case under the United Kingdom High Court’s Financial Markets Test Case Scheme. The aim of this test case was to resolve contractual uncertainty around the...

Cannabis for Private Purposes Bill

The matter of the Minister of Justice and Constitutional Development v Prince (2018) ZACC 30 has gone down in the history books of the country as a turning point for the decriminalization of cannabis for private use by adults. The proceedings questioned whether the...

Further Unpacking Subrogation – the Don’ts

Short term insurance is regulated by the Short-Term Insurance Act no. 53 of 1998 as amended. The Policy holder ("Insured") can insure various items, whether it be household contents, motor vehicles or personal items. Insurance is important, in the sense that it...
Creditors have better Memories than Debtors: What happens at the sequestration of a Debtor’s estate?

Creditors have better Memories than Debtors: What happens at the sequestration of a Debtor’s estate?

The highlight of the sequestration process is to make provision for a “collective debt” collecting process that will ensure a fair distribution of the debtor’s assets in circumstances where these assets are insufficient to satisfy all the creditors’ claims. This is to...

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